White House Press Release

Access To Classified Information

The White House
Office of the Press Secretary
_______________________________________________________________
For Immediate Release August 4, 1995
Executive Order
#12968
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Access To Classified Information
The national interest requires that certain information
be maintained in confidence through a system of classification
in order to protect our citizens, our democratic institutions,
and our participation within the community of nations. The
unauthorized disclosure of information classified in the
national interest can cause irreparable damage to the national
security and loss of human life.
Security policies designed to protect classified
information must ensure consistent, cost effective, and
efficient protection of our Nation's classified information,
while providing fair and equitable treatment to those Americans
upon whom we rely to guard our national security.
This order establishes a uniform Federal personnel security
program for employees who will be considered for initial or
continued access to classified information.
Now, Therefore, by the authority vested in me as President
by the Constitution and the laws of the United States of
America, it is hereby ordered as follows:
Part 1 Definitions, Access To Classified Information,
Financial Disclosure, And Other Items
Section 1.1. Definitions. For the purposes of this order:
(a) "Agency" means any "Executive agency," as defined in
5 U.S.C. 105, the "military departments," as defined in 5
U.S.C. 102, and any other entity within the executive branch
that comes into the possession of classified information,
including the Defense Intelligence Agency, National Security
Agency, and the National Reconnaissance Office.
(b) "Applicant" means a person other than an employee who
has received an authorized conditional offer of employment for
a position that requires access to classified information.
(c) "Authorized investigative agency" means an agency
authorized by law or regulation to conduct a counterintelligence
investigation or investigation of persons who are proposed for
access to classified information to ascertain whether such
persons satisfy the criteria for obtaining and retaining access
to such information.
(d) "Classified information" means information that has
been determined pursuant to Executive Order No. 12958, or any
successor order, Executive Order No. 12951, or any successor
order, or the Atomic Energy Act of 1954 (42 U.S.C. 2011), to
require protection against unauthorized disclosure.
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(e) "Employee" means a person, other than the President
and Vice President, employed by, detailed or assigned to, an
agency, including members of the Armed Forces; an expert or
consultant to an agency; an industrial or commercial contractor,
licensee, certificate holder, or grantee of an agency, including
all subcontractors; a personal services contractor; or any other
category of person who acts for or on behalf of an agency as
determined by the appropriate agency head.
(f) "Foreign power" and "agent of a foreign power" have
the meaning provided in 50 U.S.C. 1801.
(g) "Need for access" means a determination that an
employee requires access to a particular level of classified
information in order to perform or assist in a lawful and
authorized governmental function.
(h) "Need-to-know" means a determination made by an
authorized holder of classified information that a prospective
recipient requires access to specific classified information
in order to perform or assist in a lawful and authorized
governmental function.
(i) "Overseas Security Policy Board" means the Board
established by the President to consider, develop, coordinate
and promote policies, standards and agreements on overseas
security operations, programs and projects that affect all
United States Government agencies under the authority of a
Chief of Mission.
(j) "Security Policy Board" means the Board established
by the President to consider, coordinate, and recommend policy
directives for U.S. security policies, procedures, and
practices.
(k) "Special access program" has the meaning provided in
section 4.1 of Executive Order No. 12958, or any successor
order.
Sec. 1.2. Access to Classified Information. (a) No
employee shall be granted access to classified information
unless that employee has been determined to be eligible in
accordance with this order and to possess a need-to-know.
(b) Agency heads shall be responsible for establishing
and maintaining an effective program to ensure that access to
classified information by each employee is clearly consistent
with the interests of the national security.
(c) Employees shall not be granted access to classified
information unless they:
(1) have been determined to be eligible for access
under section 3.1 of this order by agency heads or
designated officials based upon a favorable
adjudication of an appropriate investigation of
the employee's background;
(2) have a demonstrated need-to-know; and
(3) have signed an approved nondisclosure agreement.
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(d) All employees shall be subject to investigation by an
appropriate government authority prior to being granted access
to classified information and at any time during the period
of access to ascertain whether they continue to meet the
requirements for access.
(e)(1) All employees granted access to classified
information shall be required as a condition of such access
to provide to the employing agency written consent permitting
access by an authorized investigative agency, for such time as
access to classified information is maintained and for a period
of 3 years thereafter, to:
(A) relevant financial records that are maintained
by a financial institution as defined in 31 U.S.C.
5312(a) or by a holding company as defined in
section 1101(6) of the Right to Financial Privacy Act
of 1978 (12 U.S.C. 3401);
(B) consumer reports pertaining to the employee under
the Fair Credit Reporting Act (15 U.S.C. 1681a); and
(C) records maintained by commercial entities within
the United States pertaining to any travel by the
employee outside the United States.
(2) Information may be requested pursuant to employee
consent under this section where:
(A) there are reasonable grounds to believe, based
on credible information, that the employee or former
employee is, or may be, disclosing classified
information in an unauthorized manner to a foreign
power or agent of a foreign power;
(B) information the employing agency deems credible
indicates the employee or former employee has incurred
excessive indebtedness or has acquired a level of
affluence that cannot be explained by other
information; or
(C) circumstances indicate the employee or former
employee had the capability and opportunity to
disclose classified information that is known to have
been lost or compromised to a foreign power or an
agent of a foreign power.
(3) Nothing in this section shall be construed to
affect the authority of an investigating agency to
obtain information pursuant to the Right to Financial
Privacy Act, the Fair Credit Reporting Act or any
other applicable law.
Sec. 1.3. Financial Disclosure. (a) Not later than
180 days after the effective date of this order, the head of
each agency that originates, handles, transmits, or possesses
classified information shall designate each employee, by
position or category where possible, who has a regular need for
access to classified information that, in the discretion of the
agency head, would reveal:
(1) the identity of covert agents as defined in the
Intelligence Identities Protection Act of 1982
(50 U.S.C. 421);
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(2) technical or specialized national intelligence
collection and processing systems that, if disclosed
in an unauthorized manner, would substantially negate
or impair the effectiveness of the system;
(3) the details of:
(A) the nature, contents, algorithm, preparation, or
use of any code, cipher, or cryptographic system or;
(B) the design, construction, functioning,
maintenance, or repair of any cryptographic equipment;
but not including information concerning the use of
cryptographic equipment and services;
(4) particularly sensitive special access programs,
the disclosure of which would substantially negate
or impair the effectiveness of the information or
activity involved; or
(5) especially sensitive nuclear weapons design
information (but only for those positions that have
been certified as being of a high degree of importance
or sensitivity, as described in section 145(f) of the
Atomic Energy Act of 1954, as amended).
(b) An employee may not be granted access, or hold a
position designated as requiring access, to information
described in subsection (a) unless, as a condition of access
to such information, the employee:
(1) files with the head of the agency a financial
disclosure report, including information with respect
to the spouse and dependent children of the employee,
as part of all background investigations or
reinvestigations;
(2) is subject to annual financial disclosure
requirements, if selected by the agency head; and
(3) files relevant information concerning foreign
travel, as determined by the Security Policy Board.
(c) Not later than 180 days after the effective
date of this order, the Security Policy Board shall develop
procedures for the implementation of this section, including
a standard financial disclosure form for use by employees under
subsection (b) of this section, and agency heads shall identify
certain employees, by position or category, who are subject to
annual financial disclosure.
Sec. 1.4. Use of Automated Financial Record Data Bases.
As part of all investigations and reinvestigations
described in section 1.2(d) of this order, agencies may request
the Department of the Treasury, under terms and conditions
prescribed by the Secretary of the Treasury, to search automated
data bases consisting of reports of currency transactions by
financial institutions, international transportation of currency
or monetary instruments, foreign bank and financial accounts,
transactions under $10,000 that are reported as possible money
laundering violations, and records of foreign travel.
Sec. 1.5. Employee Education and Assistance. The head of
each agency that grants access to classified information shall
establish a program for employees with access to classified
information to: (a) educate employees about individual
responsibilities under this order; and
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(b) inform employees about guidance and assistance
available concerning issues that may affect their eligibility
for access to classified information, including sources of
assistance for employees who have questions or concerns about
financial matters, mental health, or substance abuse.
Part 2 Access Eligibility Policy And Procedure
Sec. 2.1. Eligibility Determinations. (a) Determinations
of eligibility for access to classified information shall be
based on criteria established under this order. Such
determinations are separate from suitability determinations
with respect to the hiring or retention of persons for
employment by the government or any other personnel actions.
(b) The number of employees that each agency determines
are eligible for access to classified information shall be kept
to the minimum required for the conduct of agency functions.
(1) Eligibility for access to classified information
shall not be requested or granted solely to permit
entry to, or ease of movement within, controlled areas
when the employee has no need for access and access to
classified information may reasonably be prevented.
Where circumstances indicate employees may be
inadvertently exposed to classified information in
the course of their duties, agencies are authorized
to grant or deny, in their discretion, facility access
approvals to such employees based on an appropriate
level of investigation as determined by each agency.
(2) Except in agencies where eligibility for access
is a mandatory condition of employment, eligibility
for access to classified information shall only be
requested or granted based on a demonstrated,
foreseeable need for access. Requesting or approving
eligibility in excess of actual requirements is
prohibited.
(3) Eligibility for access to classified information
may be granted where there is a temporary need for
access, such as one-time participation in a classified
project, provided the investigative standards
established under this order have been satisfied.
In such cases, a fixed date or event for expiration
shall be identified and access to classified
information shall be limited to information related
to the particular project or assignment.
(4) Access to classified information shall be
terminated when an employee no longer has a need for
access.
Sec. 2.2. Level of Access Approval. (a) The level at
which an access approval is granted for an employee shall be
limited, and relate directly, to the level of classified
information for which there is a need for access. Eligibility
for access to a higher level of classified information includes
eligibility for access to information classified at a lower
level.
(b) Access to classified information relating to a special
access program shall be granted in accordance with procedures
established by the head of the agency that created the program
or, for programs pertaining to intelligence activities
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(including special activities but not including military
operational, strategic, and tactical programs) or intelligence
sources and methods, by the Director of Central Intelligence.
To the extent possible and consistent with the national security
interests of the United States, such procedures shall be
consistent with the standards and procedures established by and
under this order.
Sec. 2.3 Temporary Access to Higher Levels. (a) An
employee who has been determined to be eligible for access to
classified information based on favorable adjudication of a
completed investigation may be granted temporary access to a
higher level where security personnel authorized by the agency
head to make access eligibility determinations find that such
access:
(1) is necessary to meet operational or contractual
exigencies not expected to be of a recurring nature;
(2) will not exceed 180 days; and
(3) is limited to specific, identifiable information
that is made the subject of a written access record.
(b) Where the access granted under subsection (a) of this
section involves another agency's classified information, that
agency must concur before access to its information is granted.
Sec. 2.4. Reciprocal Acceptance of Access Eligibility
Determinations. (a) Except when an agency has substantial
information indicating that an employee may not satisfy the
standards in section 3.1 of this order, background
investi-gations and eligibility determinations conducted under
this order shall be mutually and reciprocally accepted by all
agencies.
(b) Except where there is substantial information
indicating that the employee may not satisfy the standards
in section 3.1 of this order, an employee with existing access
to a special access program shall not be denied eligibility for
access to another special access program at the same sensitivity
level as determined personally by the agency head or deputy
agency head, or have an existing access eligibility
readjudicated, so long as the employee has a need for access
to the information involved.
(c) This section shall not preclude agency heads from
establishing additional, but not duplicative, investigative or
adjudicative procedures for a special access program or for
candidates for detail or assignment to their agencies, where
such procedures are required in exceptional circumstances to
protect the national security.
(d) Where temporary eligibility for access is granted
under sections 2.3 or 3.3 of this order or where the
determination of eligibility for access is conditional, the
fact of such temporary or conditional access shall be conveyed
to any other agency that considers affording the employee access
to its information.
Sec. 2.5. Specific Access Requirement. (a) Employees
who have been determined to be eligible for access to classified
information shall be given access to classified information
only where there is a need-to-know that information.
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(b) It is the responsibility of employees who are
authorized holders of classified information to verify that a
prospective recipient's eligibility for access has been granted
by an authorized agency official and to ensure that a
need-to-know exists prior to allowing such access, and to
challenge requests for access that do not appear well-founded.
Sec. 2.6. Access by Non-United States Citizens.
(a) Where there are compelling reasons in furtherance of an
agency mission, immigrant alien and foreign national employees
who possess a special expertise may, in the discretion of the
agency, be granted limited access to classified information
only for specific programs, projects, contracts, licenses,
certificates, or grants for which there is a need for access.
Such individuals shall not be eligible for access to any greater
level of classified information than the United States
Govern-ment has determined may be releasable to the country of
which the subject is currently a citizen, and such limited
access may be approved only if the prior 10 years of the
subject's life can be appropriately investigated. If there are
any doubts concerning granting access, additional lawful
investigative procedures shall be fully pursued.
(b) Exceptions to these requirements may be permitted only
by the agency head or the senior agency official designated
under section 6.1 of this order to further substantial national
security interests.
Part 3 Access Eligibility Standards
Sec. 3.1. Standards. (a) No employee shall be deemed to
be eligible for access to classified information merely by
reason of Federal service or contracting, licensee, certificate
holder, or grantee status, or as a matter of right or privilege,
or as a result of any particular title, rank, position, or
affiliation.
(b) Except as provided in sections 2.6 and 3.3 of this
order, eligibility for access to classified information shall
be granted only to employees who are United States citizens
for whom an appropriate investigation has been completed
and whose personal and professional history affirmatively
indicates loyalty to the United States, strength of character,
trustworthiness, honesty, reliability, discretion, and sound
judgment, as well as freedom from conflicting allegiances and
potential for coercion, and willingness and ability to abide
by regulations governing the use, handling, and protection of
classified information. A determination of eligibility for
access to such information is a discretionary security decision
based on judgments by appropriately trained adjudicative
personnel. Eligibility shall be granted only where facts and
circumstances indicate access to classified information is
clearly consistent with the national security interests of the
United States, and any doubt shall be resolved in favor of the
national security.
(c) The United States Government does not discriminate
on the basis of race, color, religion, sex, national origin,
disability, or sexual orientation in granting access to
classified information.
(d) In determining eligibility for access under this
order, agencies may investigate and consider any matter that
relates to the determination of whether access is clearly
consistent with the interests of national security. No
inference concerning the standards in this section may be raised
solely on the basis of the sexual orientation of the employee.
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(e) No negative inference concerning the standards in this
section may be raised solely on the basis of mental health
counseling. Such counseling can be a positive factor in
eligibility determinations. However, mental health counseling,
where relevant to the adjudication of access to classified
information, may justify further inquiry to determine whether
the standards of subsection (b) of this section are satisfied,
and mental health may be considered where it directly relates to
those standards.
(f) Not later than 180 days after the effective date of
this order, the Security Policy Board shall develop a common
set of adjudicative guidelines for determining eligibility for
access to classified information, including access to special
access programs.
Sec. 3.2. Basis for Eligibility Approval.
(a) Eligibility determinations for access to classified
information shall be based on information concerning the
applicant or employee that is acquired through the investigation
conducted pursuant to this order or otherwise available to
security officials and shall be made part of the applicant's or
employee's security record. Applicants or employees shall be
required to provide relevant information pertaining to their
background and character for use in investigating and
adjudicating their eligibility for access.
(b) Not later than 180 days after the effective date of
this order, the Security Policy Board shall develop a common set
of investigative standards for background investigations for
access to classified information. These standards may vary for
the various levels of access.
(c) Nothing in this order shall prohibit an agency from
utilizing any lawful investigative procedure in addition to
the investigative requirements set forth in this order and its
implementing regulations to resolve issues that may arise during
the course of a background investigation or reinvestigation.
Sec. 3.3. Special Circumstances. (a) In exceptional
circumstances where official functions must be performed prior
to the completion of the investigative and adjudication process,
temporary eligibility for access to classified information may
be granted to an employee while the initial investigation is
underway. When such eligibility is granted, the initial
investigation shall be expedited.
(1) Temporary eligibility for access under this
section shall include a justification, and the
employee must be notified in writing that further
access is expressly conditioned on the favorable
completion of the investigation and issuance of
an access eligibility approval. Access will be
immediately terminated, along with any assignment
requiring an access eligibility approval, if such
approval is not granted.
(2) Temporary eligibility for access may be granted
only by security personnel authorized by the agency
head to make access eligibility determinations and
shall be based on minimum investigative standards
developed by the Security Policy Board not later
than 180 days after the effective date of this order.
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(3) Temporary eligibility for access may be granted
only to particular, identified categories of
classified information necessary to perform the lawful
and authorized functions that are the basis for the
granting of temporary access.
(b) Nothing in subsection (a) shall be construed as
altering the authority of an agency head to waive requirements
for granting access to classified information pursuant to
statutory authority.
(c) Where access has been terminated under
section 2.1(b)(4) of this order and a new need for access
arises, access eligibility up to the same level shall be
reapproved without further investigation as to employees who
were determined to be eligible based on a favorable adjudication
of an investigation completed within the prior 5 years, provided
they have remained employed by the same employer during the
period in question, the employee certifies in writing that there
has been no change in the relevant information provided by the
employee for the last background investigation, and there is no
information that would tend to indicate the employee may no
longer satisfy the standards established by this order for
access to classified information.
(d) Access eligibility shall be reapproved for individuals
who were determined to be eligible based on a favorable
adjudication of an investigation completed within the prior
5 years and who have been retired or otherwise separated from
United States Government employment for not more than 2 years;
provided there is no indication the individual may no longer
satisfy the standards of this order, the individual certifies
in writing that there has been no change in the relevant
information provided by the individual for the last background
investigation, and an appropriate record check reveals no
unfavorable information.
Sec. 3.4. Reinvestigation Requirements. (a) Because
circumstances and characteristics may change dramatically
over time and thereby alter the eligibility of employees for
continued access to classified information, reinvestigations
shall be conducted with the same priority and care as initial
investigations.
(b) Employees who are eligible for access to classified
information shall be the subject of periodic reinvestigations
and may also be reinvestigated if, at any time, there is reason
to believe that they may no longer meet the standards for access
established in this order.
(c) Not later than 180 days after the effective date of
this order, the Security Policy Board shall develop a common
set of reinvestigative standards, including the frequency of
reinvestigations.
Part 4 Investigations For Foreign Governments
Sec. 4. Authority. Agencies that conduct background
investigations, including the Federal Bureau of Investigation
and the Department of State, are authorized to conduct personnel
security investigations in the United States when requested by a
foreign government as part of its own personnel security program
and with the consent of the individual.
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Part 5 Review Of Access Determinations
Sec. 5.1. Determinations of Need for Access. A
determination under section 2.1(b)(4) of this order that an
employee does not have, or no longer has, a need for access is
a discretionary determination and shall be conclusive.
Sec. 5.2. Review Proceedings for Denials or Revocations of
Eligibility for Access. (a) Applicants and employees who are
determined to not meet the standards for access to classified
information established in section 3.1 of this order shall be:
(1) provided as comprehensive and detailed a written
explanation of the basis for that conclusion as the
national security interests of the United States and
other applicable law permit;
(2) provided within 30 days, upon request and to the
extent the documents would be provided if requested
under the Freedom of Information Act (5 U.S.C. 552)
or the Privacy Act (3 U.S.C. 552a), as applicable, any
documents, records, and reports upon which a denial
or revocation is based;
(3) informed of their right to be represented by
counsel or other representative at their own expense;
to request any documents, records, and reports as
described in section 5.2(a)(2) upon which a denial or
revocation is based; and to request the entire
investigative file, as permitted by the national
security and other applicable law, which, if
requested, shall be promptly provided prior to
the time set for a written reply;
(4) provided a reasonable opportunity to reply
in writing to, and to request a review of, the
determination;
(5) provided written notice of and reasons for the
results of the review, the identity of the deciding
authority, and written notice of the right to appeal;
(6) provided an opportunity to appeal in writing to a
high level panel, appointed by the agency head, which
shall be comprised of at least three members, two of
whom shall be selected from outside the security
field. Decisions of the panel shall be in writing,
and final except as provided in subsection (b) of this
section; and
(7) provided an opportunity to appear personally
and to present relevant documents, materials, and
information at some point in the process before an
adjudicative or other authority, other than the
investigating entity, as determined by the agency
head. A written summary or recording of such
appearance shall be made part of the applicant's or
employee's security record, unless such appearance
occurs in the presence of the appeals panel described
in subsection (a)(6) of this section.
(b) Nothing in this section shall prohibit an agency
head from personally exercising the appeal authority in
subsection (a)(6) of this section based upon recommendations
from an appeals panel. In such case, the decision of the agency
head shall be final.
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(c) Agency heads shall promulgate regulations to implement
this section and, at their sole discretion and as resources and
national security considerations permit, may provide additional
review proceedings beyond those required by subsection (a) of
this section. This section does not require additional
proceedings, however, and creates no procedural or substantive
rights.
(d) When the head of an agency or principal deputy
personally certifies that a procedure set forth in this section
cannot be made available in a particular case without damaging
the national security interests of the United States by
revealing classified information, the particular procedure shall
not be made available. This certification shall be conclusive.
(e) This section shall not be deemed to limit or affect
the responsibility and power of an agency head pursuant to any
law or other Executive order to deny or terminate access to
classified information in the interests of national security.
The power and responsibility to deny or terminate access to
classified information pursuant to any law or other Executive
order may be exercised only where the agency head determines
that the procedures prescribed in subsection (a) of this section
cannot be invoked in a manner that is consistent with national
security. This determination shall be conclusive.
(f)(1) This section shall not be deemed to limit or
affect the responsibility and power of an agency head to make
determinations of suitability for employment.
(2) Nothing in this section shall require that
an agency provide the procedures prescribed in
subsection (a) of this section to an applicant where
a conditional offer of employment is withdrawn for
reasons of suitability or any other reason other than
denial of eligibility for access to classified
information.
(3) A suitability determination shall not be used for
the purpose of denying an applicant or employee the
review proceedings of this section where there has
been a denial or revocation of eligibility for access
to classified information.
Part 6 Implementation
Sec. 6.1. Agency Implementing Responsibilities. Heads of
agencies that grant employees access to classified information
shall: (a) designate a senior agency official to direct and
administer the agency's personnel security program established
by this order. All such programs shall include active oversight
and continuing security education and awareness programs to
ensure effective implementation of this order;
(b) cooperate, under the guidance of the Security Policy
Board, with other agencies to achieve practical, consistent,
and effective adjudicative training and guidelines; and
(c) conduct periodic evaluations of the agency's
implementation and administration of this order, including
the implementation of section 1.3(a) of this order. Copies of
each report shall be provided to the Security Policy Board.
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Sec. 6.2. Employee Responsibilities. (a) Employees who
are granted eligibility for access to classified information
shall:
(1) protect classified information in their custody
from unauthorized disclosure;
(2) report all contacts with persons, including
foreign nationals, who seek in any way to obtain
unauthorized access to classified information;
(3) report all violations of security regulations
to the appropriate security officials; and
(4) comply with all other security requirements set
forth in this order and its implementing regulations.
(b) Employees are encouraged and expected to report any
information that raises doubts as to whether another employee's
continued eligibility for access to classified information is
clearly consistent with the national security.
Sec. 6.3. Security Policy Board Responsibilities and
Implementation. (a) With respect to actions taken by the
Security Policy Board pursuant to sections 1.3(c), 3.1(f),
3.2(b), 3.3(a)(2), and 3.4(c) of this order, the Security Policy
Board shall make recommendations to the President through the
Assistant to the President for National Security Affairs for
implementation.
(b) Any guidelines, standards, or procedures developed
by the Security Policy Board pursuant to this order shall be
consistent with those guidelines issued by the Federal Bureau
of Investigation in March 1994 on Background Investigations
Policy/Guidelines Regarding Sexual Orientation.
(c) In carrying out its responsibilities under this
order, the Security Policy Board shall consult where appropriate
with the Overseas Security Policy Board. In carrying out its
responsibilities under section 1.3(c) of this order, the
Security Policy Board shall obtain the concurrence of the
Director of the Office of Management and Budget.
Sec. 6.4. Sanctions. Employees shall be subject to
appropriate sanctions if they knowingly and willfully grant
eligibility for, or allow access to, classified information
in violation of this order or its implementing regulations.
Sanctions may include reprimand, suspension without pay,
removal, and other actions in accordance with applicable law
and agency regulations.
Part 7 General Provisions
Sec. 7.1. Classified Information Procedures Act. Nothing
in this order is intended to alter the procedures established
under the Classified Information Procedures Act (18 U.S.C.
App. 1).
Sec. 7.2. General. (a) Information obtained by an agency
under sections 1.2(e) or 1.3 of this order may not be
disseminated outside the agency, except to:
(1) the agency employing the employee who is the
subject of the records or information;
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(2) the Department of Justice for law enforcement
or counterintelligence purposes; or
(3) any agency if such information is clearly
relevant to the authorized responsibilities of such
agency.
(b) The Attorney General, at the request of the head of
an agency, shall render an interpretation of this order with
respect to any question arising in the course of its
administration.
(c) No prior Executive orders are repealed by this order.
To the extent that this order is inconsistent with any provision
of any prior Executive order, this order shall control, except
that this order shall not diminish or otherwise affect the
requirements of Executive Order No. 10450, the denial and
revocation procedures provided to individuals covered by
Executive Order No. 10865, as amended, or access by historical
researchers and former presidential appointees under Executive
Order No. 12958 or any successor order.
(d) If any provision of this order or the application of
such provision is held to be invalid, the remainder of this
order shall not be affected.
(e) This Executive order is intended only to improve the
internal management of the executive branch and is not intended
to, and does not, create any right to administrative or judicial
review, or any other right or benefit or trust responsibility,
substantive or procedural, enforceable by a party against the
United States, its agencies or instrumentalities, its officers
or employees, or any other person.
(f) This order is effective immediately.
William J. Clinton
The White House,
August 2, 1995.
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